How to Write a Will in Kentucky

Creating a will in Kentucky is a fairly straightforward process.

A "Last Will and Testament" is a legal document that assigns the remaining estate and/or assets to surviving loved ones as specified by the deceased person's wishes. The person drafting the will is called the "testator." The Kentucky Revised Statutes contains the laws regarding wills in the state. The requirements for will creation are explicitly outlined. While the assistance of an attorney is not required for the creation of a will, if there are any legal inquiries about the drafting and filing of a will, a probate attorney licensed in the state of Kentucky should be consulted.

Instructions

1. Create a list of assets and beneficiaries. First, make a list of all of your assets and properties and then list the beneficiaries of the assets and properties. This list will ultimately make up the body of the will. According to Kentucky law anyone over the age of 18 years old is able to assign assets to beneficiaries using a will.

2. Create the document header. In your word processing program, enter the following line center at the top of the page: "LAST WILL AND TESTAMENT." This text also is made bold and placed in a slightly bigger font size than the rest of the document. This accents the document's title line.

3. Enter your name and location. Leave a space between the document header and the rest of the document. On the first line following the space, declare your name and declare the document as your will, as follows: "This is the Last Will and Testament of me, [Your Name Here]."

4. Assign an executor for your will. On a new line, place a number one and period to begin the body of your document. This line will be used to appoint an executor and substitute executor for the will. The executor of the will is the individual assigned to protect the testator's assets until the debts and taxes of the deceased are paid. The executor also oversees the disbursement of the decease's assets and property as specified in the will. There also is a substitute assigned to act as executor, in the event that the person named the executor is unable to perform the required duties.

5. List assets and beneficiaries they are assigned to. Create another line and enter a number two into that line. This will begin the list of assets and beneficiaries. This is where you take your list from Step 1 and list each asset and the beneficiary that will benefit from the asset or property named. Each item is given a specific line number to distinguish the asset listed.

6. Sign the document in the presence of two witnesses. Create a signatory field at the end of the document for your signatures, and those of your witnesses. Kentucky law requires the signature of at least two witnesses when a will is drafted. The witnesses print their names and sign their signatures to the document in the fields provided and the document is placed in safe keeping, in a location known by the executor of the will.

Tips & Warnings

• If there are any previous wills in your name, make sure to place a line revoking any and all previous wills in the position of number one in the body of the document.

References

• Kentucky Revised Statutes 394.040: Wills [Requisites]
• Med Law Plus: KY Last Will and Testament Statutes
• NOLO: What Does an Executor Do?

Resources

• Last Will and Testament [Sample]